Landmark Cases

Case Name: KUMHO TIRE CO. v. CARMICHAEL

One member of the Carmichael's family died when a tire failed in an automobile
accident. Carlson was their expert on tire failure.
After reviewing his deposition, the district court excluded Carlson, writing that
"none of the four admissibility criteria outlined by the Daubert court are satisfied
in this case." Because the Carmichaels' only evidence was Carlson's testimony, the
district court then granted summary judgment for the tire co.
The 11th Circuit reversed this, saying that Daubert only applied to 'scientific' experts,
not 'experience based' experts. The Supreme Court, however, said "Daubert applies to
all expert testimony." and "Daubert is not a definitive checklist for
gatekeeping by trial judges."